sawyer argued decided january petition writ habeas corpus petition writ habeas corpus behalf mayor members city council city lincoln state nebraska detained imprisoned jail omaha state marshal district nebraska order attachment contempt made circuit district following circumstances september albert parsons presented circuit judge bill equity said mayor councilmen whole except title address signature follows petitioner fifteen years last past citizen resident citizen state nebraska citizen entitled equal protection laws life liberty property deprived thereof without due process law denied within jurisdiction state nebraska day april complainant duly legally elected office police judge city lincoln lancaster county nebraska soon thereafter duly qualify enter discharge duties police judge ever since yet time complainant held exercised functions performed duties said office last six months respondents except said andrew sawyer yet duly elected qualified acting councilmen said city said sawyer yet duly elected qualified acting mayor said city day august long time prior thereto certain ordinance said city full force relating removal office official said city said ordinance provided officer said city put upon trial offense charged except members said city council day august one john sheedy gus saunders filed writing city clerk said city certain charges complainant charging complainant appropriating moneys said city copy hereto attached made part hereof said mayor thereupon referred said matter committee three members said council make finding fact law upon said charges said committee three caused notice served upon complainant requiring appear defend complainant appear said committee objected jurisdiction said committee right authority render verdict fact give judgment law upon said charges hear determine said trial thereupon said committee reported back said charges said mayor council said committee charter said city right authority render verdict judgment upon said charges said sheedy saunders ten years common gamblers said city men large wealth influence said city council day august long said complaint complainant filed long said committee reported back said mayor city council right power authority hear said trial render either verdict judgment said proceedings procure passage another different ex post facto ordinance grant ng said committee three instead council twelve members said ordinance required right power try facts alleged said charges make report thereon judgment saw fit report said mayor city council office police judge declared vacant said mayor fill office said police judge occupied complainant person passage ex post facto law said committee three assumed jurisdiction render verdict fact hear determine said charges add thereto conclusion law notified complainant appear defend said committee complainant objected jurisdiction said committee make finding facts render judgment report thereon upon ground said new ordinance ex post facto said committee jurisdiction nineteenth day september said committee heard denying complainant trial jury evidence prosecution said action certain gamblers pimps material evidence prosecution offered otherwise render finding fact complainant recommending said mayor city council office police judge declared vacant said mayor fill said office appointment person complainant found said ordinance ex post facto said mayor city council set matter final vote tuesday seventh day september threaten declare said day declare office said complainant vacant without hearing reading evidence taken said committee appoint person fill report untruthfully evidence filed therewith fraudulently suppress certain book offered evidence complainant book handwriting said gus saunders done favor aid protect said gamblers fraudulently obtain removal complainant said office complainant says said proceedings trial verdict acts doings said city council ordinance approved well said ordinance approved august illegal void contrary conflict prohibited constitution whereby among things provided person shall deprived life liberty property without due process law deny person within jurisdiction equal protection law adjudged tried offense ex post facto law complainant says forasmuch constitution provided person shall deprived life liberty property without due process law criminal prosecutions accused shall right process compel attendance witnesses behalf speedy trial impartial jury county offense alleged committed ex post facto law shall passed said rights shall remain inviolate rights denied said ordinance proceedings aforesaid complainant threatened deprived rights without due process law ex post facto law within meaning constitution protection accorded complainant said proceedings yet deprived equal protection laws illegal oppressive acts things violation conflict constitution redressed judicial powers thereof wherefore complainant prays writ injunction may allowed honor issued honorable seal thereof directed respondents thereof proceed charges complainant vote city council said defendants upon pretended findings facts verdict report filed september said city clerk handed councilman billingsley said defendants declare said office vacant way manner proceed said charges appoint person fill said office said defendants may appear answer complainant bill answer oath expressly waived final hearing action said injunction made perpetual defendants pay costs action complainant different relief justice may require annexed bill affidavit parsons read knew facts therein set forth true reading bill circuit judge ordered defendants show cause circuit way preliminary injunction issue prayed mean time order restrained matters sought enjoined accordance prayer bill order judge injunction forthwith issued served upon mayor councilmen meeting city council held purpose mayor councilmen proceeded take consider charges parsons considering evidence passed resolution said parsons received number fines violation city ordinances failed turn report city treasurer times required law specified charges said parsons arrangement gamblers prostitutes pay fine monthly otherwise molested direct violation law calculated bring city government disgrace confirm report committee reported counsel charges said parsons declare office police judge city lincoln vacant request mayor fill office competent person thereupon mayor nominated council motion confirmed whitmore police judge fill vacancy mayor issued order city marshal informing whitmore duly qualified given bond commissioned police judge directing see duly installed office parsons declining recognize action city council surrender office city marshal forcibly ejected installed whitmore upon affidavit parsons abarging mayor councilmen willful contemptuous violation injunction stating facts accompanied copy notice city clerk setting forth resolution city council nomination confirmation whitmore well copy mayor order city marshal circuit issued rule mayor councilmen show cause attached contempt upon answer rule oath producing copies ordinances acted material parts set forth margin admitting justifying disregard injunction suggesting want jurisdiction circuit make restraining order granted attachment arrest upon hearing found guilty violating injunction adjudged six pay fines others fines beside costs default payment thereof committed custody marshal fines costs paid otherwise legally discharged pay fines costs therefore taken held custody marshal petition writ habeas corpus alleged jurisdiction said suit commenced said albert parsons petitioners said restraining order lawful order said judgment said petitioners contempt sentence said petitioners pay fine suffer imprisonment violating said restraining order void wholly without jurisdiction circuit violation constitution alleged special circumstances making direct action intervention necessary expedient useless apply circuit district nebraska writ habeas corpus circuit district judges gave opinion contempt proceedings said restraining order lawful order within power make lambertson petitioners burr opposition justice gray stating facts delivered opinion question presented petition mayor councilmen city lincoln writ habeas corpus whether within jurisdiction authority circuit sitting equity make order petitioners held marshal constitution laws distinction common law equity existing england time separation two countries maintained although jurisdictions vested courts fenn holme thompson railroad wall heine levee wall office jurisdiction equity unless enlarged express statute limited protection rights property jurisdiction prosecution punishment pardon crimes misdemeanors appointment removal public officers assume jurisdiction sustain bill equity restrain relieve proceedings punishment offenses removal public officers invade domain courts common law executive administrative department government jurisdiction criminal matters english chancery ever became obsolete long ago except incidental peculiar jurisdiction protection infants authority issue writs habeas corpus discharge persons unlawfully imprisoned hale gee pritchard swanst spence eq jur attorney general insurance johns ch long declaration independence settled england bill stay criminal proceedings within jurisdiction chancery whether proceedings indictment summary process lord chief justice holt declining upon motion queen bench attachment attorney professional misconduct make part rule show cause move injunction chancery mean time said chancery grant injunction criminal matter examination break protect proceed contempt holderstaffe saunders holt mod lord chancellor hardwicke exercising power chancery incidental disposition case pending restraining plaintiff bill submitted rights determination proceeding matter another tribunal either indictment action asserted strongest terms want power jurisdiction entertain bill injunction stay criminal proceedings saying originally strictly restraining power criminal prosecutions jurisdiction gra injunction stay proceedings mandamus indictment information writ prohibition know mayor pilkington atk mod montague dudman ves modern decisions england eminent equity judges concur holding chancery power restrain criminal proceedings unless instituted party suit already pending try right issue attorney general cleaver ves turner turner jur saull browne ch app kerr preston ch div justice story commentaries equity jurisprudence affirms doctrine story eq jur american courts far informed strictly uniformly upheld applied alike whether prosecutions arrests sought restrained arose statutes state municipal ordinances west mayor paige davis american tyler hamersley stuart board devron first municipality la ann levy shreveport la ann moses mayor gault wallis phillips mayor cohen goldsboro oil little rock ark spink francis fed fed suess noble fed equally well settled equity jurisdiction appointment removal public officers whether power removal vested well appointment executive administrative boards officers intrusted judicial tribunal jurisdiction determine title public office belongs exclusively courts law exercised either certiorari error appeal mandamus prohibition quo warranto information nature writ quo warranto according circumstances case mode procedure established common law statute english case found bill injunction restrain appointment removal municipal officer information chancery regulation harrow school within undoubted jurisdiction public charities dismissed far sought removal governors unlawfully elected sir william grant saying apprehend jurisdiction regard either election amotion corporators description attorney general clarendon ves courts several power equity restrain injunction removal municipal officer denied many cases upon bill equity chancery state new york lawfully appointed inspector flour charging ousted office one unlawfully appointed stead governor new appointee insolvent praying injunction receiver account fees plaintiff title office tried law mccoun said may jurisdiction determine question render judgment decree ouster office overruled demurrer upon ground bill showed prima facie title plaintiff tappen gray edw ch appeal chancellor walworth reversed decree ground time filing bill chancery nojurisdiction power afford relief paige chancellor decree unanimously affirmed errors upon chief justice nelson statement concurred chancellor respecting jurisdiction courts equity cases kind hill pennsylvania decided injunction granted restrain municipal officer exercising office vacated accepting another office entering upon office appointment town council alleged illegal remedy either case law quo warranto hagner heyberger watts updegraff crans iowa careful opinion delivered judge dillon adjudged right municipal office determined equity upon original bill injunction cochran mccleary iowa delahanty warner decided chancery jurisdiction entertain bill injunction restrain mayor aldermen city unlawfully removing plaintiff office superintendent streets appointing successor remedy law quo warranto mandamus sheridan colvin held chancerty jurisdiction restrain injunction city council passing ordinance unlawfully abolishing office commissioner police repeating great part opening propositions kerr injunctions said elementary law jurisdiction chancery civil property conversant questions property maintenance civil rights injury property whether actual prospective foundation jurisdiction rests jurisdiction matters merely criminal merely immoral affect right property matters political nature come within jurisdiction chancery chancery jurisdiction interfere duties department government except special circumstances necessary protection rights property upon like grounds adjudged dickey reed chancery power restrain injunction board commissioners canvassing results election orders granting injunction adjudging commissioners guilty contempt disregarding wholly void harris schryock accordance previous decisions held power hold election political judicial therefore equity authority restrain officers exercising power similar decisions made upon full consideration alabama overruling prior decisions contrary beebe robinson moulton reid statutes nebraska contain special provisions removal officers county city county officers including justices peace may charged tried removed office official misdemeanors certain kinds board county commissioners upon charge person proceedings shall nearly like actions nature case admits excepting otherwise provided chapter complaint shall accuser accused shall contain charges necessary specifications verified affidavit elector state believes charges true formal answer replication required answer reply provisions statute relating pleadings actions shall apply ques ions fact shall tried actions accused found guilty judgment shall entered removing officer office declaring latter vacant clerk shall enter copy judgment election book neb comp art nature proceeding county commissioners subject sveral decisions state earliest one declared proceeding quasi criminal nature incumbent undoubtedly may required appear without delay show cause removed questions fact must tried actions subject review error right trial upon distinct specific charges secured every one thus charged offense liable removed office sufficient board declare resolve office vacant must judgment ouster incumbent state sheldon neb authority conferred upon county commissioners remove county officers since held exercise strictly judicial power within meaning provision constitution nebraska requires judicial power state shall vested district courts courts magistrates therein enumerated const neb art state oleson neb always considered far judicial nature order county commissioners may reviewed error district county ultimately state state sheldon cited minkler state neb state meeker neb see also railroad washington neb code civil proc neb crim code ed view substantially differ taken similar orders reviewed writ certiorari proceedings inferior tribunal board officers commissioned judges yet acting judicially according course common law charles mayor law people fire donahue county nebraska elsewhere validity removal public officer title person removed new appointee office may tried quo warranto mandamus comp neb id code civil proc cases sheldon oleson meeker cited queen saddlers cas osgood nelson provisions statutes nebraska removal officers cities first class city lincoln one general simply conferring upon mayor council pass ordinances repugnant constitution laws state ordinances alter modify repeal provide removing officers city misconduct fill vacancy occurring office police judge elective office appointment mayor assent council comp neb original ordinance city council lincoln made part record appears framed object rules established statute conducting proceedings removal county officers substantially followed removal city officers elected people ordaining whenever officer guilty willful misconduct malfeasance office may removed vot members elected council provides officer shall removed unless writing specifying misconduct nature malfeasance signed complainant giving name least one witness besides complainant support charges shall filed city clerk president council mayor read regular meeting council certified copy thereof notice show cause removal served upon officer five days next meeting appear file denial writing said charge specifications shall taken true council shall declare office vacant council shall adjourn day trial upon trial said officer said council shall satisfied guilty misconduct willfully malfeasance office shall cause finding entered upon minutes shall declare said office vacant shall proceed fill vacancy manner provided statute ordinance proceedings notices matter charges may served city marshal policeman return shall manner provided law service summonses justice courts material change made ordinance ordinance august trial officer finding guilt may either whole council council charges shall referred either case finding entered upon minutes council council shall declare said office vacant said officer removed therefrom certify fact mayor whereupon vacancy shall filled appointment mayor assent council whole object bill equity filed parsons police judge city lincoln mayor councilmen city upon circuit made order disregard custody prevent removal office police judge question property suggested allegations matters fact bill involved decree make thereon case stated bill charges writing parsons appropriating use moneys city filed required original ordinance sheedy saunders hyatt otherwise named charges seem signed additional witness required ordinance charges referred mayor committee three members council upon notice accused appearance committee objected committee authority try charges committee reported council thereupon sheedy saunders procured passage amended ordinance giving committee instead whole council power try charges report finding council passage ordinance protest committee resumed trial order favor protect accusers fraudulently obtain removal office made report city council falsely stating reported evidence fraudulently suppressing book offered evidence finding guilty recommending office declared vacant filled appointment person mayor city council set matter final vote future day named threatened declared without hearing reading evidence taken committee declare office vacant appoint another person fill bill prays injunction restrain mayor councilmen city lincoln proceeding charges parsons taking vote report committee declaring office police judge vacant appointing person fill office matters law suggested bill grounds intervention circuit amended ordinance ex post facto law proceedings city council committee well ordinances illegal void conflict violation articles constitution provide person shall deprived life liberty property without due process law criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district crime shall committed compulsory process obtaining witnesses favor state shall pass ex post facto law deprive person life liberty property without due process law deny person within jurisdiction equal protection laws fifth sixth amendments constitution provide person shall deprived life liberty property without due process law secure accused criminal prosecutions trial jury compulsory process obtaining witnesses favor apply laws proceedings authority state spies illinois sup provision constitution prohibits state pass ex post facto laws applies legislation concerning crimes calder bull dall ordinances proceedings city council nature civil distinguished criminal proceedings possible ground therefore interposition courts form parsons removed office police judge deprived state life liberty property without due process law violation fourteenth amendment constitution state denied equal protection laws secured amendment contended parties argument proceeding city council removal parsons upon charges filed nature criminal proceeding view derives support judgment nebraska state sheldon neb cited proceeding criminal nature quite clear reasons upon authorities set forth earlier part opinion case stated bill wholly without jurisdiction equity proceedings considered criminal quasi criminal yet reason form object acts legislature decisions courts nebraska appellate jurisdiction exercised cases judicial power state considered proceedings state express decisive opinion restraining order circuit void direct contravention peremptory enactment congress writ injunction shall granted stay proceedings state except authorized bankrupt act act march diggs wolcott cranch peck jenness rev watson jones wall haines carpenter dial reynolds sargent helton sup tho proceedings considered neither criminal judicial rather nature official inquiry municipal board intrusted law administration regulation affairs city still object removal public officer office equally beyond jurisdiction control equity reasons preclude equity interfering appointment removal public officers government derives authority apply increased force officers question officers state person claiming officer judgment state either appellate proceedings upon mandamus quo warranto denied right secured constitution obtain relief writ error aspect case therefore circuit without jurisdiction authority entertain bill equity injunction often said jurisdiction right decide every question occurs cause whether decision correct otherwise judgment reversed regarded binding every act without authority judgments orders regarded nullities voidable simply void elliott peirsol pet wilcox jackson pet hickey stewart thompson whitman wall rest conclusion case degree upon ground suggested argument bill show matter controversy sufficient pecuniary value support jurisdiction circuit apparent defect jurisdiction respect citizenship parties depending upon inquiry facts might might support jurisdiction availed appeal writ error render judgment decree nullity prigg adams salk carth fisher bassett leigh navigation homestead sup neither say case belonging class subject within jurisdiction courts equity courts law mistake equity deciding particular matter full adequate complete remedy law render decree absolutely void ground conclusion whether proceedings city council lincoln removal police judge upon charges misappropriating moneys belonging city regared nature criminal civil judicial merely administrative relate subject circuit sitting equity jurisdiction power neither try determine restrain injunction tribunals officers state city trying determining case distinguished principle judgment common bench england criminal prosecution coram non judice case sentence passed circuit upon charge infamous crime without presentment indictment grand jury case marshalsea coke ex parte wilson sup ex parte bain sup circuit without jurisdiction entertain bill equity injunction proceedings exercise jurisdiction assumed null void restraining order nature injunction power make adjudication fendants guilty contempt disregarding order equally void detention marshal adjudication without authority law entitled discharged ex parte rowland ex parte fisk sup ayers sup writ habeas corpus issue field concurring concur judgment circuit jurisdiction interfere proceedings mayor common council lincoln removal police judge city appointment removal officers municipality state subjects within cognizance courts proceedings detailed record present case irregular unseemly character well calculated deprive officer named fair hearing cause strong comment however irregular violent remedy found laws state tribunals police judge hold office removal common council lincoln violated law subject independence authorities state municipal bodies federal interference form complete appointment removal officers concur also said opinion want jurisdiction equity criminal proceedings perceive application present case proceedings common council criminal sense principle applies body justice administering criminal law criminal proceedings tribunal authorities cited reference many cases proceedings criminal character taken individuals organized bodies men tending carried despoil one property rights may enjoined equity waite dissenting prepared decide officer municipal government circumstances apply chancery restrain municipal authorities proceeding remove office without authority law may cases opinion tardy remedies quo warranto certiorari like writs entirely inadequate easily conceive circumstances removal even short period productive irremediable mischief cases may rarely occur propriety application may often seen one arise exercise jurisdiction ever proper proceedings due course upon bill filed relief void even though grounds asked may insufficient take jurisdiction case circumstances certainly must permitted inquire bill character filed whether case one entitles party relief asks necessary prevent wrong mean time issue discretion temporary restraining order purpose order void even though may found examination improvidently issued force must obeyed without jurisdiction punish contempt opinion case therefore dissent judgment ordered harlan dissenting concur views expressed chief justice unite dissenting opinion judgment proceedings inauguarated defendants parsons certainly criminal nature embraced provision statu declares writ injunction shall granted stay proceedings state except cases injunction may authorized law relating proceedings bankruptcy rev act march declares circuit courts shall original cognizance concurrent courts several suits civil nature common law equity arising constitution parson suit confessedly civil nature proceeds upon ground defendants propose violate rights secured constitution therefore suit arising constitution whether circuit sitting equity properly grant plaintiff relief asked question jurisdiction within rule orders judgments decrees void passed without jurisdiction rather question exercise jurisdiction suit one arising constitution civil nature inquiry mind circuit judge read bill whether according principles equity decree properly rendered defendants osborn bank wheat statute provides equity shall sustained either courts case plain adequate complete remedy may law one courts render final decree behalf plaintiff notwithstanding plain adequate complete remedy law decree nullity assailed collaterally void upon ground case made justifying relief equity party disregarded preliminary injunction issued circuit fined contempt custody failing pay fine must discharged upon habeas corpus every case appears upon face bill plaintiff plain adequate complete remedy law questions seems receive negative answer understand decide circuit circumstances mode proceeding enforce rights plaintiffs contend violated defendants sitting equity authority interfere proposed action defendants seems question properly arise upon appeal final decree rendered cause determinable upon writ habeas corpus footnotes honorable mayor council city lincoln petitioners john sheedy saunders respectfully represent honorable body citizens resident city lincoln petitioners represent thirteenth day july employed skillful accountant one white resident taxpayer city examine dockets files reports parsons police judge city lincoln learn whether said parsons police judge making true proper statements city business done police judge ascertain whether said parsons police judge turned city county treasurers moneys coming hands fines properly belonging city county petitioners say proper careful examination files dockets reports said parsons police judge ascertained beyond question said parsons police judge appropriated use benefit large sums money property city lincoin keeps use moneys collected fines persons brought police judge violating city ordinances petitioners say said parsons police judge collected fines violation city ordinances months august september october november december fines moneys appropriated use utterly failed keep record account account city turn city treasurer moneys appropriated required law petitioners say months april may june said parsons received fines divers persons police judge appropriated use wholly failed keep record said fines account city petitioners say said parsons police judge collected fines divers persons month may months march april month september fines appropriated use benefit wholly failed keep record said fines make report city petitioners say said parsons police judge since april time collected fines violation statutes nebraska amount according dockets nineteenth day july turned county treasurer lancaster county sum whereas possession first day july said sum properly belonged county petitioners say said nineteenth day july day accountant white completed investigation said police judge dockets said parsons paid county treasury sum leaves due county sum possession nineteenth day july petitioners therefore ask honorable mayor council may appoint committee honorable body time place mentioned take testimony inquiring conduct parsons police judge investigate management office give said parsons petitioners notice time place petitioners appear evidence testimony proving facts hereinbefore stated saunders john sheedy original ordinance contained sections whenever officer city lincoln whose office elective shall guilty willful misconduct malfeasance office may removed vote members elected council provided officer shall removed office unless charges writing specifying misconduct nature malfeasance signed complainant giving name least one witness besides complainant support charges shall filed city clerk president council mayor charge specifications shall read regular meeting council copy thereof certified said clerk president council mayor accompanied notice show cause next regular meeting said council shall removed office shall served upon officer accused least five days time fixed show cause case said accused officer shall neglect appear file denial writing render reason first regular meeting said council duly notified said charge specifications shall taken true council shall declare office vacant case said officer shall file denial said charge specifications writing council shall adjourn day trial said officer upon trial said officer said council shall satisfied guilty misconduct willfully malfeasance office shall cause finding entered upon minutes shall declare said office vacant shall proceed fill vacancy manner provided statute ordinance proceedings notice matter charges may served marshal policeman return officer shall sufficient evidence service thereof service return shall manner provided law service summonses justice courts ordinance august section former ordinance repealed following amendment substituted case said officer shall file denial said charges specifications writing council committee council said charges shall referred shall appoint day trial said officer upon trial said officer said council said committee shall satisfied guilty misconduct willfully malfeasance misfeasance office council shall cause findings findings said committee entered upon minutes council council shall declare said office vacant said officer removed therefrom council shall forthwith cause mayor notified said office vacant said officer removed mayor notified said office shall filled appointment mayor assent council person appointed shall hold said office next general election case statute ordinance made provided officer said charges made shall appear defend shall held deemed waived irregularities proceedings affect merits defense